Do You Need a Social Security Lawyer for Reconsideration?
Posted by admin on Mar 28, 2009
Q: If your application for disability is denied, what is the next step? And do you need a social security lawyer?
A: The next step after an initial claim for disability benefits is denied is a reconsideration. Having a social security lawyer on your side as you undergo reconsideration can be extremely beneficial, especially if you are once again denied. You will need to submit all the required paperwork within 60 days of when your claim was denied. If you fail to meet that deadline, you will have to submit a new claim and undergo the initial review process once more. Most claims are denied during the initial review process. Many cases are actually not approved until they have been through a hearing. But your case must be denied an appeal to be reconsidered before you can ask for a hearing. That is why it is so crucial that you meet the deadline for reconsideration. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.
Q: How long will it take until a hearing is scheduled for a social security disability case?
A: The time it can take to schedule a hearing once it has been requested can vary greatly. Sometimes it can take up to two years before you have a date for a hearing. The scheduling delay is often dependent upon the backlog in your particular state. Make sure you make a hearing appeal as soon as you receive notification that your appeal for reconsideration was denied. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will make sure that your claim is handled fairly and adjudicated correctly.
Q: Do social security disability claimants receive any status updates, while waiting for a hearing to be scheduled?
A: It is not uncommon to hear little from the Office of Hearings and Appeals for long periods of time. Notification will usually be received to acknowledge the hearing appeal, when a hearing date has been set and when a decision has been made after the hearing. Claimants in some states may also receive an exhibit list, which provides details of everything in your file. A social security lawyer is your best advocate if you are having any difficulty with the hearing process.
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You do not need a social security lawyer to file for reconsideration. But most cases are denied after reconsideration. And the next step after reconsideration is an appeal to have the case heard before an administrative judge. It is not mandatory that you have a lawyer to go through the hearing phase. The majority of claims that are approved after being heard before a judge have been represented by a lawyer.
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Those that qualify for SSI must earn little money and have few assets. And while every state has a slightly different resource limit for qualifying for SSI, there are a few general guidelines that a social security lawyer will give you when looking over your application.
See below for some of the things that are generally considered a resource, and which will be considered a part of your income.
• Cash
• Bank Accounts
• Stocks and Bonds
• Real Estate
• Life Insurance Policies
• Automobiles
• Owned Property
Though it is possible to be approved for SSI if you own a vehicle and one home, owning too many assets or “resources” can reduce your chances. In order to be approved for SSI, you must generally have less than $2000 in a bank account for a single person, or less than $3000 for two people.
These credits are also called quarters, as you can earn a maximum of four of them a year; any social security “quarters” that you earn during your working career will remain on your record even during times of unemployment.
In order to qualify for social security benefits, you need to reach a certain number of credits. This number is based on age, and is generally calculated by number of years worked. Most people looking to qualify for retirement social security benefits (that is, over the age of 62) will need 40 credits, or 10 years of work, to be eligible for benefits.
However, it can happen that a person who has worked a seemingly appropriate number of years does not gain the necessary credits for social security benefits.
If you were awarded social security disability insurance benefits, you will receive Medicare. If you receive SSI, you will receive Medicaid. If you receive both SSI and SSDI, contact the representative assigned to your case to determine whether you will receive Medicare or Medicaid.
Q: How are social security disability benefits calculated?
A: Your payments are determined by how old you are, your earnings, your years of employment and the amount of social security contributions you have made through payroll taxes. The current maximum an individual can receive each month in social security disability benefits is just over $2100.
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The majority of claims, however, are still not approved after being reconsidered. And the next step after reconsideration is an appeal to have the case heard before an administrative judge. Again, it is not required that you have legal representation for the hearing process. The majority of claims that are approved after being heard before a judge have been represented by a lawyer. The hearing phase is the last chance for your claim to be approved.
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